The Texas Court of Appeals has recently dismissed a legal malpractice claim against a Florida attorney for lack of jurisdiction. In Rolnick v. Sight’s My Line, Inc., the owner of a Florida corporation filed a legal malpractice claim against several Texas law firms, alleging that they had failed to properly perfect a security interest on behalf of the corporation.
The Fourth District Court of Appeals of California recently reversed a decision of the trial court dismissing a legal malpractice claim based on a lapsed one-year statute of limitations. In Kelly v. Orr, a grantor created a trust agreement that named a successor trustee upon the resignation of the current trustee. However, when the current trustee resigned, the daughter of the grantor seized control of the trust and became trustee. She then retained a law firm using trust assets and followed their advice on how to manage the trust.
The Appellate Division of the Supreme Court of New York recently affirmed the decision of New York’s Supreme Court, dismissing a legal malpractice claim. In McPhillips v. Bauman, a physician employed by the Department of Corrections sued an Assistant Attorney General who was assigned to represent him in a lawsuit brought by the estate of a deceased inmate.
The Appellate Court of Illinois, Second District, recently affirmed the decision of a lower court, dismissing a legal malpractice action. In Davidson v. Gurewitz, a father sued an attorney, who had served as a Court appointed child representative in the father’s custody battle with the child’s mother.
The New Hampshire Supreme Court recently disbarred an attorney, for practicing law while he was still serving a suspension for prior unethical conduct. In the Matter of Paul F Coddington, Jr, an attorney was suspended for professional misconduct and was subsequently hired by a law firm as a paralegal. The attorney falsely told his employer that he had applied to have his license reinstated. Thus, relying on this information, a lawyer at the firm permitted him to represent a client in court and handle cases.
The Supreme Judicial Court (“SJC”) recently suspended a Massachusetts attorney, who made intentional misrepresentations to four of his clients. In the matter of Alexander R. Cain, an attorney was found to have fabricated documents, lied to his clients, and failed to diligently pursue his client’s claims and interests.
An Evidentiary Panel of the Grievance Committee for the State Bar of Texas has disbarred a Texas Attorney for practicing law while his license was suspended. In Commission for Lawyer Discipline v. Charles D. Septowski, an attorney was serving a three month suspension under a previous disciplinary judgment.
The Appellate Division of the Supreme Court of New York has recently affirmed the dismissal of a legal malpractice claim. In Rodriguez v Jacoby & Meyers, LLP, a client was injured in a rear-end car accident and subsequently retained a lawyer to represent him in a case against the other driver. Several years into the lawsuit, the lawyer filed a motion for summary judgment, seeking to establish liability. The motion was denied and the client then terminated the lawyer. He retained new counsel, who subsequently appealed the denial of the motion.
The Minnesota Court of Appeals affirmed the dismissal of a legal malpractice, on the basis that the clients had not provided sufficient evidence to support their claims. In Roseland v. Wentzell, a couple owned several parcels of farmland, which they had mortgaged to secure a loan from their bank. They later defaulted on their mortgage payments, and hired an attorney to represent them in bankruptcy proceedings.